[HISTORY: Adopted by the Township Committee of the Township
of Montague 5-9-1978 by Ord. No. 78-9.[1] Amendments noted where applicable.]
This chapter shall be known as the "Soil Erosion and Sediment
Control Ordinance of the Township of Montague."
The purpose of this chapter is to control soil erosion and sediment
damages and related environmental damage by requiring adequate provisions
for surface water retention and drainage and for the protection of
exposed soil surfaces in order to promote the safety, public health,
convenience and general welfare of the community.
Rules applying to text. For the purpose of this chapter, certain
rules of word usage apply to the text as follows:
The following definitions shall apply in the interpretation
and enforcement of this chapter, unless otherwise specifically stated:
A person, partnership, corporation or public agency requesting
permission to engage in land disturbance activity or seeking site
plan or subdivision approval from the Planning Board.
A sediment-producing highly erodible or severely eroded area.
Detachment and movement of soil or rock fragments by water,
wind, ice and gravity.
A plan which fully indicates necessary land treatment measures,
including a schedule of the timing for their installation, which will
effectively minimize soil erosion and sedimentation. Such measures
shall be in accordance with standards as adopted by the State Soil
Conservation Committee.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
A plan which provides for the use of land, within its capabilities
and treatment, within practical limits, according to chosen use to
prevent further deterioration of soil and water resources.
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water within the municipality.
Any activity involving the clearing, grading, transporting,
filling and any other activity which causes land to be exposed to
the danger of erosion.
The application of plant residue or other suitable materials
to the land surface to conserve moisture, hold soil in place and aid
in establishing plant cover.
A certificate issued to perform work under this chapter.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
air, water or gravity as a product of erosion.
A barrier or dam built at a suitable location to retain rock,
sand, gravel, silt or other material.
Any plot, parcel or parcels of land.
All unconsolidated mineral and organic material of any origin.
Standards for Soil Erosion and Sediment Control in New Jersey
as promulgated by the State Soil Conservation Committee.
An agency of the state established in accordance with the
provisions of Chapter 24 of Title 4 of the New Jersey Revised Statutes.
Any activity which significantly disturbs vegetated or otherwise
stabilized soil surface, including clearing and grubbing operations.
A governmental subdivision of this state, which encompasses
this municipality, organized in accordance with the provisions of
Chapter 24 of Title 4 of the New Jersey Revised Statutes.
A.
No land area shall be disturbed by any person, partnership, corporation
or public agency until such time as a plan for soil erosion and sediment
control in accordance with the Standards for Soil Erosion and Sediment
Control in New Jersey, adopted by the State Soil Conservation Committee,
has been approved and a valid land disturbance permit or construction
permit has been issued by the Soil Erosion and Sediment Control Officer.
[Amended 6-8-82 by Ord. No. 82-6; 4-24-90 by Ord. No. 90-4]
B.
No subdivision, site plan or land development plan shall be approved
unless it includes a soil erosion and sediment control plan in accordance
with the provisions of this chapter.
A.
On all site plans, preliminary subdivision plots or other applications
requiring Planning Board approval and involving land disturbance,
there shall be submitted to the Planning Board a soil erosion and
sediment control plan. The Planning Board shall seek assistance from
the Township Engineer or the Sussex County Soil Conservation District
in the review of such plans. The soil erosion and sediment control
plan shall be filed with and become a part of the preliminary subdivision,
site plan or other application and shall be subject to the same procedure
for approval, denial or appeal as the application of which it is a
part.
[Amended 4-26-96 by Ord. No. 96-3]
B.
Determination of requirement.
[Amended 6-8-82 by Ord. No. 82-6; 4-24-90 by Ord. No. 90-4; 4-23-96 by Ord. No. 96-3]
(1)
Prior to the issuance of a construction permit for any construction
not requiring Planning Board approval and prior to the issuance of
a land disturbance permit for any other activity, the Soil Erosion
and Sediment Control Officer shall determine whether or not a soil
erosion and sediment control plan is required in accordance with the
definition of "project" as defined in Chapter 251.[1] The applicant shall furnish such information as is required
by the Soil Erosion and Sediment Control Officer to make this determination.
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
(2)
If the Soil Erosion and Sediment Control Officer determines that
a soil erosion and sediment control plan is required, such plan shall
be submitted to and approved by the Soil Erosion and Sediment Control
Officer prior to the issuance of a construction permit or land disturbance
permit. The Soil Erosion and Sediment Control Officer shall seek assistance
from the Township Engineer or the Sussex County Soil Conservation
District in the review of such plans.
(3)
The Soil Erosion and Sediment Control Officer shall grant approval
or denial of the plan within a period of 30 days of submission of
a complete application, unless this period is extended by mutual agreement,
in writing, between the municipality and the applicant for an additional
30 days. Failure of the municipality to make a decision within such
period or such extension thereof shall constitute certification.
(4)
The applicant shall be provided with written notice of such decision
by the Soil Erosion and Sediment Control Officer or other authorized
municipal agent. A copy of such decision, including the name of the
applicant, site location by street address and block and lot number
and proposed land use, shall be sent to the Sussex County Soil Conservation
District. The municipality shall also make available such other information
as shall be required by the district.
C.
The applicant shall submit a separate soil erosion and sediment control
plan for each noncontiguous site. Such plan shall contain:
(1)
A map of the site, at an appropriate scale not less than one inch
equals 100 feet, showing existing contour lines at two-foot intervals.
A map showing general topography may be substituted at the discretion
of the Planning Board or Soil Erosion and Sediment Control Officer,
as the case may be.
[Amended 6-8-82 by Ord. No. 82-6; 4-24-90 by Ord. No. 90-4]
(2)
The location and description of proposed changes to the site.
(3)
The location and description of existing natural and man-made features
on and surrounding the site, including soil characteristics. Applications
encompassing an area greater than three acres shall include a copy
of the appropriate part of the USDA Soil Survey.
(4)
Measures for soil erosion and sediment control, both temporary and
permanent, which meet or exceed the Standards for Soil Erosion and
Sediment Control adopted by the State Soil Conservation Committee.
The Standards shall be on file at the offices of the Sussex County
Soil Conservation District and the Township Clerk.
(5)
A schedule of the sequence of installation of planned erosion and
sediment control measures as related to the progress of the project,
including anticipated starting and completion dates for control measures
and for each step in the land disturbance and development sequence.
(6)
All proposed revisions shall be submitted for approval.
Control measures shall apply to all aspects of the proposed
land disturbance and shall be in operation during all stages of the
disturbance activity. The following principles shall apply to the
soil erosion and sediment control plan:
A.
Stripping of vegetation, grading or other soil disturbance shall
be done in a manner which will minimize soil erosion.
B.
Whenever feasible, natural vegetation shall be retained and protected.
C.
The extent of the disturbed area and the duration of its exposure
shall be kept to a practical minimum.
D.
Either temporary seeding, mulching or other suitable stabilization
measure shall be used to protect exposed critical areas during construction
or other land disturbance.
E.
Drainage provisions shall accommodate increased runoff, resulting
from modified soil and surface conditions, during and after development
or disturbance.
F.
Water runoff shall be minimized and retained on site whenever possible
to facilitate groundwater recharge.
G.
Sediment shall be retained on site to the maximum extent feasible.
H.
Diversions, sediment basins and similar required structures shall
be installed prior to any on-site grading or disturbance.
I.
Permanent vegetative protection and erosion control measures shall
be established as soon as practically possible.
A.
Prior to the issuance of a permit, the applicant shall file with
the Township Clerk a performance guaranty in form and amount as specified
by the Township Committee. The guaranty shall be discharged after
completion and approval of all work specified in the plan and may
be discharged in part, based on partial completion and approval, at
the discretion of the Township Committee.
B.
All necessary soil erosion and sediment control measures installed
under this chapter shall be adequately maintained for one year after
final approval of such measures or until such measures are permanently
stabilized as determined by the Soil Erosion and Sediment Control
Officer.
[Amended 6-8-82 by Ord. No. 82-6; 4-24-90 by Ord. No. 90-4]
C.
The Township Committee may require a maintenance guaranty for a period
not to exceed one year after final approval of the soil erosion and
sediment control measures, in an amount not to exceed 15% of the cost
of the improvement or permanent installation.
A.
The requirements of this chapter shall be enforced by the Soil Erosion
and Sediment Control Officer, who shall inspect or require adequate
inspection of the work. The Soil Erosion and Sediment Control Officer
may seek assistance from the Township Engineer or the Sussex County
Soil Conservation District in carrying out any provisions of this
chapter.
[Amended 6-8-82 by Ord. No. 82-6; 4-24-90 by Ord. No. 90-4]
B.
The Soil Erosion and Sediment Control Officer shall be notified by
the applicant at least 24 hours prior to the start of any project.
[Amended 6-8-82 by Ord. No. 82-6; 4-24-90 by Ord. No. 90-4]
C.
The Soil Erosion and Sediment Control Officer may require necessary
measures to be promptly installed and may require modifications to
the plan when, in his judgment, such are necessary to properly control
erosion and sediment.
[Amended 6-8-82 by Ord. No. 82-6; 4-24-90 by Ord. No. 90-4]
D.
In the event of failure to comply with the requirements of this chapter,
the Soil Erosion and Sediment Control Officer may revoke construction
permits, refuse to issue further building permits and issue stop-work
orders.
[Amended 6-8-82 by Ord. No. 82-6; 4-24-90 by Ord. No. 90-4]
E.
No certificate of occupancy for any construction permit or land disturbance
permit shall be granted unless all needed soil erosion and sediment
control measures have been completed or substantially provided for
in accordance with this chapter.
[Amended 6-8-82 by Ord. No. 82-6]
F.
The applicant shall bear the final responsibility for the installation
and construction of all required soil erosion and sediment control
measures. .
G.
Inspections shall be provided for during construction, and the applicant
shall be required to have the certified plan on the site during construction.
H.
A certificate of occupancy shall be withheld unless there has been
compliance with the provisions of the certified plan for permanent
measures to control soil erosion and sedimentation. A formal report
of such compliance must be filed with the municipal agent authorized
to issue certificates of occupancy. A copy of this report shall be
sent to the Sussex County Soil Conservation District.
[Amended 1-9-90 by Ord. No. 89-20]
Upon applying for a permit pursuant to the provisions of this
chapter, the applicant shall pay a fee to cover the cost of the initial
review of the proposed land disturbance in the amount of $100, unless
the application is part of an application for a major subdivision,
or for site plan approval. If the application is part of an application
for a major subdivision or site plan approval, no additional fee shall
be charged unless the Township Engineer shall certify that a review
of the land disturbance plan was sufficiently involved so that the
fees paid in connection with the other applications are insufficient.
In such case, the applicant shall be charged that additional fee charged
by the Engineer of the township, but in no event in excess of $100.
[Amended 1-9-90 by Ord. No. 89-20]
The following activities are specifically exempt from this chapter:
A.
Land disturbance of 5,000 square feet or less.
B.
The construction of a single-family dwelling unit unless such unit
is part of a proposed subdivision, site plan, conditional use, zoning
variance, planned development or construction permit application involving
two or more such single-family dwelling units.
C.
Use of land for gardening primarily for home consumption.
D.
Agricultural use of lands when operated in accordance with a farm
conversation plan approved by the Sussex County Conservation District
or when it is determined by the District that such use will not cause
excessive erosion and sedimentation.
[Amended 6-8-82 by Ord. No. 82-6; 4-24-90 by Ord. No. 90-4]
Any person aggrieved by any decision or action of the Soil Erosion
and Sediment Control Officer or Planning Board under this chapter
may appeal to the Township Committee. Such appeal shall be made in
writing and filed with the Township Clerk within 10 days from the
date of such decision or action. The appellant shall be entitled to
a hearing before the Township Committee within 30 days from the date
of appeal.
If any person violates any of the provisions of this chapter,
any standard promulgated pursuant to the provisions of this act or
fails to comply with the provisions of a certified plan, the municipality
or the district may institute a civil action in the Superior Court
for injunctive relief to prohibit and prevent such violation or violations,
and said court may proceed in a summary manner. Any person who violates
any of the provisions of this chapter, any standard promulgated pursuant
to this act or fails to comply with the provisions of a certified
plan shall be liable to a penalty of not less than $25 nor more than
$3,000 to be collected in a summary proceeding pursuant to the Penalty
Enforcement Law (N.J.S.A. 2A:58-1 et seq.). The Superior Court, County
Court, County District Court and Municipal Court shall have jurisdiction
to enforce said Penalty Enforcement Law. If the violation is of a
continuing nature, each day during which it continues shall constitute
an additional separate and distinct offense.
This chapter shall take effect following municipal adoption
and publication according to law and upon subsequent and final approval
by the State Soil Conservation Committee.
